Searching for the State in British Legal Thought

Competing Conceptions of the Public Sphere

Nonfiction, Reference & Language, Law, Constitutional, Social & Cultural Studies, Social Science
Cover of the book Searching for the State in British Legal Thought by Janet McLean, Cambridge University Press
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Author: Janet McLean ISBN: 9781139794077
Publisher: Cambridge University Press Publication: October 4, 2012
Imprint: Cambridge University Press Language: English
Author: Janet McLean
ISBN: 9781139794077
Publisher: Cambridge University Press
Publication: October 4, 2012
Imprint: Cambridge University Press
Language: English

Janet McLean explores how the common law has personified the state and how those personifications affect and reflect the state's relationship to bureaucracy, sovereignty and civil society, the development of public law norms, the expansion and contraction of the public sphere with nationalization and privatization, state responsibility and human rights. Treating legal thought as a variety of political thought, she discusses writers such as Austin, Maitland, Dicey, Laski, Robson, Hart, Griffith, Mitchell and Hayek in the context of both legal doctrine and broader intellectual movements.

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Janet McLean explores how the common law has personified the state and how those personifications affect and reflect the state's relationship to bureaucracy, sovereignty and civil society, the development of public law norms, the expansion and contraction of the public sphere with nationalization and privatization, state responsibility and human rights. Treating legal thought as a variety of political thought, she discusses writers such as Austin, Maitland, Dicey, Laski, Robson, Hart, Griffith, Mitchell and Hayek in the context of both legal doctrine and broader intellectual movements.

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